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DELHI HIGH COURT
C.HARI SHANKAR
Siria International (Regd.) – Appellant
Versus
Nitin Jain – Respondent
| Table of Content |
|---|
| 1. inducement to invest and investment transfer (Para 1 , 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. defendant's denial and allegations of collusion (Para 9 , 10 , 11 , 12) |
| 3. grant of unconditional leave to defend (Para 13 , 14) |
| 4. assessment of jurisdiction and findings on the cheque (Para 15 , 33) |
| 5. tests for leave to defend and summary judgment (Para 26 , 27 , 28) |
| 6. rejection of the sham defence and implications (Para 29 , 30 , 31 , 32) |
| 7. quashing of adj's order and appeal decision (Para 36 , 37 , 38) |
1. The impugned order dated 13th July, 2020, passed by the learned Additional District Judge ("the learned ADJ") allows the application of the respondent for leave to defend Suit 827/2018, filed by the petitioner-Siria International under Order XXXVII of the Code of Civil Procedure, 1908 (CPC).
Facts
2. The petitioner-plaintiff ("Siria", hereinafter) alleges, in its plaint before the learned ADJ, that the defendants had induced and allured Siria to invest Rs.25 lakhs in the defendant company M/s Green Ventures Securities Pvt. Ltd. ("Green Ventures", hereinafter), believing which Siria transferred an amount of Rs.25 lakhs to respondent-Defendant 1, Nitin Jain
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